NBC: Re: I-pod - Cover Songs

Doctor Oakroot doctor@doctoroakroot.com
Fri Mar 25 18:05:53 EST 2005


Actually ASCAP and BMI have nothing to do with DLs for sale. (Although the
website may buy ASCAP and BMI licenses for streaming samples just to cover
all bases.)

As you know, to sell a cover on CD you have to have a mechanical license
from the publisher. This is a compulsory license and the publisher cannot
refuse to issue the license if the song has been previously released.

Due to the poorly conceived Digital Millenium Copyright Act (DMCA) the
complusory mechanical license does not cover DLs. In order to do this, you
need to get the publisher to include permission for digital distribution
in the mechanical license. Some publishers will do this routinely...
others will refuse and there's nothing you can do about it. (They can also
charge you whatever they want for the digital distro.)

> In a message dated 3/25/05 12:03:40 AM Eastern Standard Time,
> LISTSERV@LISTS.NETSPACE.ORG writes:
>
> << I personally am seeing more sales activity from iTunes on my songs over
> the
>  last year. It appears to be an ever increasing number of individual tunes
>  being downloaded. My stuff is available on about 26 different download
>  platforms, but the iTunes which I think is a preference of iPod users is
> clearly
>  becoming an way more active than any of the others. I suspect we are
> watching
>  the next "big thing" in the record industry. >>
>
> I have avoided doing the digital thing for money (though I do have a few
> freebies posted to promote gigs) because I'm unsure of the whole royalty
> payment
> situation. Most of the songs on my CD are covers. If anyone can explain to
> me
> how you can post cover songs on the internet, and charge for them without
> hiring an accountant or getting ripped off by BMI and ASCAP, I'd like to
> know.
> Clearly the future is there and we should all hit the ground running. And
> I'm all
> for paying royalties. I just don't know how to do this for MP3s. And I
> hate
> math.
>
> A couple of other things bother me about the rising technology. One is
> that
> people walk around with portable sound systems glued to their ears even as
> you
> can no longer find what used to be called a hi-fi or components store. I
> remember when your hi-fi (be it record player, tape player, or CD) was the
> centerpiece of every batchelor's living room (in fact, mine still is). I
> also don't
> get the appeal (apart from saving on space) of downloading every CD and LP
> onto
> an IPOD. You don't get a record cover or booklet and you don't get liner
> notes. Above all, there is nothing to collect! That alone takes much of
> the fun out
> of it.
>
> Also, I hear that no matter how much you adjust the number of bytes (I may
> have the word wrong), the sound isn't as good as a CD or even an lp
> through a
> good tube components set.
>
> And as long as we're talking about change: All live music seems to be in
> decline right now and I can't figure out the precise why. Clearly, one
> reason is
> the fact that there are so many more avenues for entertainment that appeal
> to a
> nation of couch potatoes. As if to lend creedence to my couch pototo
> theory,
> movies now stay a much shorter time in the theatres before going to DVD.
> Apparently, Hollywood has discovered that the real money is at the local
> Blockbuster. In the 80s, we were up against video rentals and that then
> newfangled
> cable, then in the 90s, people started staying home with the computers.
>
> I can tell you that almost of the college oriented clubs in Baltimore and
> a
> fairly large number in DC only hire DJs. A dance promoter who hires my
> band for
> gigs believes that there are large numbers of people in both Generations X
> and Y who have never ever been to a night club or concert. He thinks that
> the
> very machine like quality of techno and hip hop has made live music less
> appealing to the young. He also thinks that the psychology of downloading
> will lead
> some to believe that music is basically machine made.
>
> Marshall McLuhan said that modern man lives 100 years in a decade.
> Dammitt,
> he was right. And it sucks.
>
> Terence
>
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--
http://DoctorOakroot.com - Rough-edged songs on homemade GIT-tars.

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